MPEP § 812 — Who Should Make the Requirement (Annotated Rules)
§812 Who Should Make the Requirement
This page consolidates and annotates all enforceable requirements under MPEP § 812, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Who Should Make the Requirement
This section addresses Who Should Make the Requirement. Contains: 1 permission and 3 other statements.
Key Rules
Restriction Requirement (MPEP 802-803)
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. In this instance the examiner assigned the application will submit a C-Star (C*) classification challenge on the unrestricted application to have the C* classification picture corrected. If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture. The newly assigned examiner would then make the restriction requirement, if appropriate.
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. In this instance the examiner assigned the application will submit a C-Star (C*) classification challenge on the unrestricted application to have the C* classification picture corrected. If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture. The newly assigned examiner would then make the restriction requirement, if appropriate.
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. In this instance the examiner assigned the application will submit a C-Star (C*) classification challenge on the unrestricted application to have the C* classification picture corrected. If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture. The newly assigned examiner would then make the restriction requirement, if appropriate.
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. In this instance the examiner assigned the application will submit a C-Star (C*) classification challenge on the unrestricted application to have the C* classification picture corrected. If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture. The newly assigned examiner would then make the restriction requirement, if appropriate.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 812 — Who Should Make the Requirement
Source: USPTO812 Who Should Make the Requirement [R-07.2022]
The examiner to which the application has been assigned will make the restriction requirement, unless the classification is not reasonably correct and complete. In this instance the examiner assigned the application will submit a C-Star (C*) classification challenge on the unrestricted application to have the C* classification picture corrected. If the C* challenge is proper, the application may be reassigned to another examiner whose portfolio matches the new classification picture. The newly assigned examiner would then make the restriction requirement, if appropriate.